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A COUNTY ATTORNEY MAY ALSO REPRESENT OTHER GOVERNMENTAL SUBDIVISIONS
SUCH AS SCHOOL DISTRICTS, CITIES AND VILLAGES EXCEPT IN MATTERS
BETWEEN SUCH AGENCIES AS TO WHICH THERE IS A CONFLICT OF INTEREST.
A county attorney requests an opinion as to whether he may also
represent governmental subdivisions such as school districts, and
cities and villages.
CODE PROVISIONS INVOLVED
This question relates to Canon 5 of the Code of Professional Responsibility
and the provisions thereof EC-515 and Disciplinary Rule DR-105(C)
requiring that attorneys to exercise independent professional judgment
on behalf of a client
Section EC-515 discussing ethical considerations observes that "there
are many instances in which a lawyer may properly serve multiple
clients having potentially differing interests in matters not involving
litigation." As pointed out therein, if "potential
differing interests" become actual differing interests, the
lawyer should withdraw.
Disciplinary Rule DR 5-105(C) permits representation of "multiple
clients" only when it is "obvious that he can adequately
represent the interest of each and if each consents to the representation
after full disclosure."
We have not found any opinions of the A.B.A: discussing the present
question. Many opinions of the A.B.A. sustain the right of a prosecuting
attorney to engage in the private practice of law "so long
as there is no conflict of interest". See Informal Opinion
No. C.772.
Informal Opinion No. 855 reviews the situation of attorneys representing
various agencies of city government and holds that so long as there
is "no conflict of interest nor violation of confidence"
such attorneys are not prohibited from handling matters before other
agencies of the city.
As Drinker on Legal Ethics observes at page 107, where "there
is no real conflict of interest, the Canon does not apply",
but as stated at page 105 there may be situations where it can be
expected that a "conflict" will develop and these should
be avoided.
We do not believe that per se the interests of counties and local
subdivisions may be said to be conflicting. We therefore conclude
that county attorneys may also represent other local governmental
subdivisions. Conflicts may arise in which the attorney cannot fulfill
the requirements of the Code as noted above in EC-515. But if there
is present the disclosure and consent specified in DR-105, the attorney
may in our opinion represent such multiple clients generally subject
to disqualification where conflicts actually develop.
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